Can You Claim Workers’ Compensation if Paid Under the Table in PA?

Question from cc, Can You Claim Workers’ Compensation if Paid Under the Table in PA?

Answer from AI:

Being paid under the table can complicate a worker’s ability to claim workers’ compensation benefits in Pennsylvania, but it doesn’t necessarily disqualify them from receiving benefits. Here’s a breakdown of the situation:

Eligibility for Workers’ Compensation

• Definition and Purpose: Workers’ compensation is an insurance program that provides wage replacement and medical benefits to employees injured on the job. It’s typically mandatory for employers, regardless of how they pay their workers.

Impact of Being Paid Under the Table

• Employer’s Non-Compliance: Employers who pay under the table often don’t report the employee or pay the required workers’ compensation premiums. This can lead to the employer not having valid insurance coverage.
• Filing a Claim: If an injury occurs, the employee may still be eligible for benefits under Pennsylvania law, as eligibility isn’t solely based on payment method. However, the lack of official records can make it harder to prove employment and the injury’s work-related nature.

Challenges in Obtaining Benefits

• Insurance Issues: Without proper insurance, the employer might face legal consequences, and the employee might have to seek benefits directly from the employer, which can be difficult.
• Proof of Employment: The employee may need to provide evidence of their employment and the injury, which could involve witness testimony or other documentation.

Legal Protections and Penalties

• Anti-Retaliation Laws: Pennsylvania law protects employees from retaliation for filing a workers’ comp claim. If an employer retaliates, the employee may have additional legal recourse.
• Employer Penalties: Employers who evade workers’ comp requirements can face penalties, including fines and criminal charges.

Recommendations for Affected Workers

• Seek Legal Advice: Consulting with a workers’ compensation attorney can help navigate the complexities and ensure the employee’s rights are protected.
• Contact Authorities: The Pennsylvania Bureau of Workers’ Compensation can provide guidance and assistance in filing a claim.

Conclusion

While being paid under the table adds challenges to obtaining workers’ compensation, it doesn’t automatically bar eligibility. Employees in this situation should seek legal counsel to explore their options and ensure their rights are upheld.

For more information, visit the Pennsylvania Bureau of Workers’ Compensation.